laker airways v department of trade

would somebody be a gem and post up the material facts and ratio for me :] ?
oh its from public law, about the royal prerogative

Reply 1

Muppety_Kid

Rouz

would somebody be a gem and post up the material facts and ratio for me :] ?
oh its from public law, about the royal prerogative

This is the best I've managed to find - it's taken from here:

Ultra Vires

In the case of Laker Airways v Department Of Trade (1977), the government, using correct procedure, adopted a policy whereby no other airline but the then nationally owned British Airways could, without BA’s consent, fly on long-distance routes, and directed the Civil Aviation Authority accordingly. The Court of Appeal found the government’s direction to be ultra vires: under the relevant legislation, the government was empowered to offer advice - "guidance" - but not to direct. Such coercion was beyond its powers.

Hope this helps. :smile:

Reply 2

MelesMeles

Just read the headnote, [1977] Q.B. 643. Won't repost here to avoid breaching copyright, but the headnote is very thorough.

Reply 3

tommyjiggy

Original post by Muppety_Kid

This is the best I've managed to find - it's taken from here:

Hope this helps. :smile:

Using the term government may be confusing, as it refers to the MPs in the House of Commons whose authority cannot be question considering their supremacy in law making. You are refering to a Delegated Legislation I believe.

Reply 4

Forum User

Original post by tommyjiggy

Using the term government may be confusing, as it refers to the MPs in the House of Commons whose authority cannot be question considering their supremacy in law making.

No it doesn't. Parliament is not the same thing as Government.

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